PUBLISHED BY Coordinators: SEPTEMBER 2019 • ISSUE 1 LBethany J. Roberts, AW Chair, LRE Committee; W ISE Anne Woods, Public Services Director; Nicolas Shump, Wise Editor; & Patti Van Slyke, Journal Editor

Greetings from the Kansas Bar Association (KBA). Welcome to this first edition of Law Wise for the 2019-2020 school year.

IN THIS ISSUE Voting...... 1 The Potential Impact of the Youth Vote...... 2 Old Enough to Fight, Old Enough to Vote...... 2 Should the be Lowered?...... 3 “The Times They Are A’Changin’” Issues Affecting Young Voters...... 4 Election Lesson Plan 1: Grades 6-8...... 5 Election Lesson Plan 2: Design A Candidate Advertising Campaign..... 6 Youth Voting iCivics...... 8 he passage of the 26th amendment lowering the voting age from Terrific Technology for Teachers...... 9 21 to 18 served as the culmination of a thirty-year battle to extend the privilege to teenagers. However, the battle over youth voting hasT not ended with that historic amendment. As this issue will explore, Did you know... organizations like the National Youth Organization continue to • 4 MILLION 17-year-olds turn 18 before the advocate for lowering the voting age to 16. The political importance of November election. the youth vote will be explored as well. Data since the 1972 presidential • If you are 17 1/2, you can register to vote NOW. election shows over half of all eligible have voted in presidential • Don’t miss the opportunity to play a role in elections since 2008. In the 2018 midterm elections, youth voting reached electing your leaders. a 25-year high. With important political issues, including health insurance Your Vote Is Your Voice and debt forgiveness, younger voters might find themselves moti- vated to exercise their franchise in the 2020 presidential election cycle. A Constitution Day Public Reading closer look will be given to these and other issues impacting youth voters. September 17, 2019 • 9:00 a.m. Finally, information on how to register to vote and ways for young people to sign up to be a reader, go to the link for that particular venue to become more politically involved will be covered as well. Kansas City: Robert J. Dole U.S. Courthouse Voting is not only a right, it is a duty—a responsibility—as well. The https://bitly.com/const-day2019kc power of the youth voting bloc has the potential to reshape the political landscape of the United States for years to come. Topeka: Frank Carlson Federal Building http://bitly.com/const-day2019topeka Calendar Sept 12-13 DNC U.S. Presidential Debates on ABC Wichita: United States Courthouse Sept. 15-21 Celebrate Freedom Week. http://bitly.com/const-day2019wichita Sept. 17 Constitution Day

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The Potential Impact of the Youth Vote

ith the culmination of the decades-long fight to lower the vote in 1998, and the 2000 and 2002 elections held only the voting age to 18, the first impact of this electoral a one to two percent advantage for the Democratic Party. In Wdemographic appears in the 1972 presidential elec- every other national election since 1992, the Democratic Party tion between Senator George McGovern and President Rich- has had over a 10 percent advantage, peaking in the 2018 mid- ard Nixon. According to electoral data, 55 percent of voters age term where youth voters preferred the Democratic Party 67 eighteen to twenty-nine voted in the election, which occurred percent to 32 percent. less than a year after the passage of the 26th Amendment. That The Center for Research and Information on Civic Learning election remains a record high for youth voters. and Engagement (CIRCLE) at Tufts University noted in 2012 However, within the twenty-first century, youth voting has that Mitt Romney would have won the 2012 election had he experienced an upswing in most presidential elections and split the youth vote with incumbent president Barack Obama. even in the 2018 mid-term elections. In the 2000 presidential The youth vote proved decisive in Florida, Ohio, Pennsylvania election, 40 percent of voters between the age of eighteen to and Virginia, where President Obama had at least 61 percent twenty-nine voted. The number rose to nearly 49 percent in of the youth vote in these states. Hilary Clinton received 55 2004. In 2008, approximately 52 percent of those voters par- percent of the youth vote to President Trump’s 40 percent. ticipated in the presidential election. That marked the highest In voting down Representative Alanna Pressley’s bill to low- percentage since the 1992 presidential election and the third er the federal voting age to 16, Representative Rodney Davis highest total since the passage of the 26th Amendment. The stated, “I’m of the opinion that we shouldn’t arbitrarily lower percentage dipped slightly to 49 percent in 2012 and rose to the voting age just because right now, I believe Democrats approximately 50 percent in 2016. In the 2018 midterm Con- think they’ll gain more votes. I believe it will institutionalize gressional elections, nearly 31 percent of youth voters took part. a Democrat majority here in this House of Representatives.” Though a seemingly lower number, the 31 percent marked a 10 percent increase over the 2014 midterms and is the highest The current generation of youth voters have embraced voting percentage of the last quarter century. in contrast to Generation X which, during the 1990s, rarely exceeded 40 percent in national elections. It will remain to Traditionally, the 18-29 demographic votes Democratic. be seen how youth voting will influence the 2020 election, The 1994 midterm election has been the only election in the though candidates and parties will likely need to be more at- last twenty-five years in which the youth vote went Republi- tentive to the issues affecting this age group. can—49 percent to 48 percent. The two parties equally split

“Old Enough to Fight, Old Enough to Vote”

he phrase “Old Enough to Fight, Old Enough to Vote” in the world and are anxious to rectify those ills.” Randolph, emerged from the movement to lower the federal vot- who later became a Senator, would introduce bills to lower the ing age from twenty-one to eighteen. During the Second voting age 11 times in Congress. WorldT War, President Franklin Roosevelt lowered the draft age President Dwight D. Eisenhower, former Supreme Allied from twenty-one to eighteen. Most states had set the voting age Commander during WWII, voiced his support for a Consti- at twenty-one; therefore, Roosevelt’s action caused resentment tutional Amendment to lower the national voting age to eigh- since those serving in the military might not be able to vote teen. Eisenhower noted “For years our citizens between the when they returned from the war. ages of 18 and 21 have, in time of peril, been summoned to Several states unilaterally took action to sync the voting age fight for America. They should participate in the political pro- with the draft age. Georgia became the first state to do so in cess that produces this fateful summons.” 1943 by setting the voting age in state and national elections In 1969, as the U.S. involvement in Vietnam continued de- at eighteen. A year earlier, Representative Jennings Randolph spite growing opposition to the conflict, at least 60 Congres- introduced a bill in the House of Representatives to set the sional resolutions attempted to address this issue, but none federal voting age at eighteen. Randolph argued, “They pos- resulted in changing the voting age. The next year, 1970, sess a great social conscience, are perplexed by the injustices

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Congress voted to extend and amend the Voting Rights Act of both chambers. Within two months, over three-fourths of the 1965. One amendment allowed for eighteen-year-olds to vote states had ratified this Amendment. The time frame remains in elections on all levels. Though he signed the bill, President the shortest ratification effort in American history. On July Richard Nixon believed Congress did not possess the author- 1, 1971, President Nixon signed the 26th Amendment into ity to make such a change. Nixon believed the appropriate ac- law. In his remarks, Nixon claimed, “The reason I believe that tion to be a Constitutional Amendment. your generation, the 11 million new voters, will do so much for America at home, is that you will infuse into this nation In that same year, a case reached the Supreme Court regard- some idealism, some courage, some stamina, some high moral ing the constitutionality of this legislation. In Oregon v Mitch- purpose, that this country always needs.” ell, the Supreme Court ruled Congress did not have the right to regulate minimum voting age in local and state elections, Kansas was among the forty-two states that passed the 26th but did have the power in federal elections. As result of the Amendment. Eight states did not ratify this Amendment. Court’s decision, eighteen to twenty-years old could vote in the Those states were Florida, Kentucky, Mississippi, Nevada, Presidential election only. New Mexico, North Dakota, South Dakota and Utah. The 26th Amendment joined the 15th and 19th Amendments to Feeling dissatisfied with this situation, the states proposed a the U.S. Constitution that extended voting rights to African- Constitutional Amendment which would set the national vot- Americans, and women. ing age at eighteen. In March of 1971, the Senate and House both passed that Amendment with considerable support in

Should the Voting Age be Lowered?

The struggle to lower the voting age from eighteen to twen- the general election. Three cities in Maryland have awarded ty-one took considerable time and effort before the passage of the franchise to younger voters. In Takoma Park, Maryland, the 26th Amendment in 1971, in time for eighteen-years old sixteen-year-olds were allowed to vote in municipal elections to vote in the 1972 Presidential Election. Since the passage of for the first time in November of 2013. Two years later, Hy- the Fourteenth Amendment in the aftermath of the Civil War, attsville, Maryland, passed a similar measure. Finally, in 2018 the age to vote had been set nation-wide at twenty-one. As Greenbelt, Maryland, became the third municipality to allow the conflict in Vietnam raged on, Congress and the American sixteen-years old to vote. Berkeley, California does allow for people realized the double standard of allowing young men sixteen-years old to vote in school board elections. and women to serve in the military, but not giving them the Though there have been attempts in many of the states to right to vote. Since the passage of the 26th Amendment, the lower the voting age in state elections, most have focused on ability to vote in local and national elections has become an local voting rights. Some communities have considered allow- important rite of passage for eighteen-years old in the United ing citizens sixteen years old or even younger to vote in school States. board elections, given the importance and relevance these po- For the better part of the last two decades, there have been sitions have on the . In Kansas, there have been no various bills proposed and resolutions introduced at the state efforts in the statehouse to lower the voting age. and local levels to lower the voting age even further. In 1995, a Despite being part of the majority party in the U.S. House Representative of the California Assembly proposed legislation of Representatives, Congresswoman Ayanna Pressley of Mich- to lower the voting age to 14. Numerous other states and lo- igan failed to garner enough votes for her proposed legislation cales have followed suit, though most have settled on lowering that would have lowered the voting age to sixteen for federal the voting age to seventeen or sixteen. Most of the efforts have elections. The house defeated the bill on a vote of 126-305. either not made it on referendum ballots, not received enough Pressley argued “From gun violence to climate change, our votes in municipal councils or have died in legislative commit- young people are organizing, mobilizing and calling us to ac- tees, despite often having numerous sponsors. One of the para- tion. They are at the forefront of social and legislative - doxes of the process is the fact that the people voting on these ment and have earned inclusion in our .” Though measures are adults. While teens can lobby for these measures, Pressley’s efforts failed, there are still a number of states and they must rely on the votes of others to ensure their passage. organizations (i.e. FairVote, Generation Citizen, the National There have been a limited number of small victories for Youth Rights Association) that continue to advocate for a low- teenage voters. The State of Maine allowed seventeen-years er federal voting age. old to vote in primary elections, if they will turn eighteen by

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“The Times They Are A-Changin’”: Issues Affecting Young Voters

n 1964, Nobel laureate Bob Dylan wrote “The Times They embraced the philosophy of Thomas Jefferson, who provoca- Are A-Changin’” which signaled a shift of power from the tively wrote about the ability of each generation to essentially Iprevious generation to the youth, of which Dylan was a part. write their own constitution. In a letter to James Madison, Jef- In one stanza, he directly addressed American politics. ferson argued, “Every constitution, then, and every law, natu- rally expires at the end of nineteen years. If it be enforced lon- Come senators, congressmen ger, it is an act of force, and not of right. It may be said, that the Please heed the call succeeding generation exercising, in fact, the power of repeal, Don’t stand in the doorway this leaves them as free as if the constitution or law had been Don’t block up the hall expressly limited to nineteen years only.” Political scientists and For he that gets hurt historians continue to argue whether Jefferson meant this liter- ally, but Jefferson did believe succeeding generations did not Will be he who has stalled have to automatically live under a government and society they The battle outside ragin’ inherited from their predecessors. Jefferson also believed in the Will soon shake your windows changing nature of governments and societies. And rattle your walls For the times they are a-changin’. Though she was unsuccessful, Rep. Alanna Pressley of Michi- gan introduced legislation to lower the national voting age to With a twenty-five year high in youth voting in Congressio- sixteen. In her defense of this bill, Pressley spoke to the rea- nal midterm elections, it appears the times are changing, and sons she believed young people had the right to participate in we are seeing a surge in . Groups such as The national elections. She argued, “From gun violence to climate National Youth Rights Association and Generation Citizen change, our young people are organizing, mobilizing and call- continue to advocate for lowering the national voting age to ing us to action. They are at the forefront of social and legisla- sixteen. FairVote supports lowering the national voting age to tive movement and have earned inclusion in our Democracy.” 17. Berkeley, Cal., and a few communities in Maryland allow sixteen-years old to vote in municipal elections. Comparative data from European countries including Aus- tria and Norway show that voters allowed to begin at sixteen do Never Again MSD is a student-led political action com- participate at higher rates than those who vote for the first time mittee started by students at Marjory Stoneman Douglas in at eighteen or twenty-one. The question of who will shape the the aftermath of the mass shooting that occurred at their high future of American society and when young people can fully school in Parkland, Fla. The internet and social media serve as participate in the American electoral and political system will platforms for young students to address issues of concern for likely not be answered definitely any time soon. Regardless of them and their generation. In so doing, these students have the answer, the times will definitely continue to change.

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Election Lesson Plan 1: WHY VOTE? from GrowingVoters.org and Michael Farmer Grades 6-8

Objective: Students will be able to: • Explain the process of voting in the federal election as citizens of their home state • Demonstrate learning by building a convincing argument for voting to others • Communicate their understanding/arguments for voting to others in a well-executed “online” brochure • Solicit and syndicate feedback from the community on the reasons to vote Overview of lesson(s): 1) Students will research the process of voting in their home state. They will answer several key questions: • What is citizenship? • What are four rights and three duties of all American citizens • Why should we vote? • When we vote, who or what are we voting for? • How does our vote count? • How does the process of voting actually work (both registration and on election day)? • When are federal elections held? • How is the president elected? • What is “the popular vote”? • Is the electoral college better than the popular vote as the means for electing the president? 2) Students will incorporate elements of the above into a PowerPoint document which will be emailed as a brochure to in the school district. The brochure will contain a link to a Michael Farmer, Mt. Everett Regional High School in western Massachusetts, with his customized version of GrowingVoters.org learning activity for 7th grade students to create their own Why Vote brochure and use it in their community survey (which the class needs to design), seeking community input as to their view on why people should vote. 3) Survey results will be analyzed and published in the subsequent edition of the school newspaper and placed onto the school website as a splash item. Total elapsed time = 2 weeks • Day One: Students will be briefed about the overall 2-week project. Assigned into evenly matched heterogeneous groups. Each group will prepare a “what you know about voting already” page and share their findings with the class. This will be posted on the board and discussed. • Day Two: Four Students will be given a copy of the question guide together with a list of the resource pages they can go to in order to complete it. Each student in each group will need to hand in a completed copy of the question guide at the end of day 3’s class. • Day Five: Students will come up with a class list of reasons to vote. This will be consolidated for the grade (i.e. across all 4 classes) and then be the list which is used to create the Survey Monkey link on each group’s brochure. Each team will give up one member to the survey team. The remaining team members will commence brochure design activities. • Day Six: Seven Brochure design and survey creation activities will continue. • Day Eight: Nine Students will integrate the brochure and survey hyperlink, prepare a brief email notice to recipi- ents, create the email and send the brochure out. • Day Ten: Students will receive the results and prepare a school-wide summary of responses. Each group will prepare a communication slide to be loaded to the school’s homepage. • Day Twelve: Slippage-Review of learning, student feedback and other items.

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Election Lesson Plan 2: Design Candidate Advertising Campaign from GrowingVoters.org Grades 9-12 Using mathematics, business or computer applications, students design and develop a budget for a political advertising campaign

Learning Objectives: • Students will demonstrate how to create a spreadsheet using basic editing, formatting, formulas and functions and relate data to political life as well as skills relevant to the workplace. • Students will think through the difference in ads online, on TV and radio, and in print (billboards, newspapers). • What is the difference in pricing and in impact. Topic/Assignment: Create an advertising budget for a presidential campaign using Microsoft Excel. Technology/Equipment/Supplies Needed: • Computer with Internet access • Microsoft Excel • Printer • Microsoft Excel Tutorial available if needed • Examples of Campaign Advertisements, available online Length of Lesson: Variable but multi-day is recommended Collaboration: Collaboration between groups and/or classes for pricing on costs for media advertising to avoid students researching the same businesses. Task: You are advising the advertising manager for a presidential campaign and need to decide how much to invest where (TV, newspapers, radio, etc.). With a budget of $1,000,000 your job is to find out how much it is going to cost to advertise in your local area. You will keep track of your budget in Microsoft Excel and then present your budget to the rest of the class explaining why you chose to advertise in the areas you did. Things you may want to consider: 1. How much will different media cost? Television – Group 1 Radio – Group 2 Newspaper – Group 3 Billboard – Group 4 Direct mail – Group 5 Internet - Group 6 2. What cities/towns make up your local area? 3. By investigating the population of cities/towns in your area, figure out how much it is going to cost per person to advertise in that area. 4. What areas will you spend the most advertising money and why? 5. What would be different if you were advising the other candidate? 6. What is the best layout of your spreadsheet?

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Essential Question: Where should I spend the bulk of my advertising money? Note: All bitly links are case-sensitive Process: • Day One 3 Read over the following link at on business phone etiquette. http://bit.ly/2ksHCE6 3 Read over the following link on email etiquette. http://bit.ly/2lCfSwY 3 Students will go to the ABYZ News Link site to access information to contact businesses about advertising costs by telephone or email. Groups will post their advertising information on their spreadsheet and on the designated spot on the white board. http://bit.ly/2ksLN2L 3 Go to the U.S. Census Bureau and type the information into Microsoft Excel for later use. http://bit.ly/2k1j2du Local Area Information for Calculating Advertising Cities & Towns Population • Day Two 3 Students will continue to research advertising costs and complete their spreadsheet. 3 Students will start planning the layout of the spreadsheet and formulas or functions that will be needed to complete the spreadsheet. 3 Look up guidance on how to apportion advertising dollars. For example, a digital presence: http://bit.ly/2lCgKSg • Day Three 3 Students will continue to work on their spreadsheets and add any advertising information that they didn’t have from the previous day. 3 Complete the rough draft of the spreadsheet by using the grading rubric at the bottom of the lesson. • Day Four 3 Complete the final draft of the spreadsheet. 3 Determine what type of graph would best display why you chose to spend the biggest amount of money in certain area(s). 3 At the bottom of your spreadsheet, answer the question, “What areas will you spend the most advertising money and why?” • Day Five 3 Using the grading rubric, compare your spreadsheet and graph with another student’s, then make any changes that you feel are necessary. 3 List any changes that you made and why you made them. 3 Compare student designs with actual spending. http://bit.ly/2k0QYHd 3 Hand in the completed spreadsheet either electronically or in print.

A Grading Rubric for the Graph and Spreadsheet is found on page four of this PDF http://bit.ly/2khCEKD

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iCivics Resources for Getting Involved & Taking Action www.icivics.org This site provides teachers with free resources that improve students’ civic knowledge, civic attitudes, and core literacy skills. Fun Learning Opportunities iCivics www.icivics.com The Constitution

As we enter Celebrate Freedom Week, please consider accessing resources from iCivics. Teachers can register at no cost and have access to these resources in the Constitution unit:

n America’s Founding Preambles n The Constitution’s Cover Letter n Anatomy of the Constitution n You’ve Got Rights! n Do I Have a Right? n Amendment Mini-Lesson n Sortify: U.S. Citizenship n Supreme Decision n The Constitution: Rules for Running a Country

The KBA also has resources for teachers. Visit: https://www.ksbar.org/page/educator_resources About the Law Wise Editor: Is Law Wise Helpful to You? Nicolas Shump teaches courses in Creative Writing, Film, and Advanced Placement We are always open to receiving (AP) courses in Comparative Government comments, ideas and suggestions. and Politics, European History, Psychology, and U.S. Government and Politics for the Please reply to [email protected] . Hybrid Learning Consortium (HLC) at The Barstow School in Kansas City, MO. Please let us know: He also teaches Discourse 100 at the University of Missouri- • Topics you would like to explore; Kansas City (UMKC) where he is an MFA Student in the • Projects and lessons you have developed that you would Creative Nonfiction Program. He is a columnist for the Topeka like us to feature; Capital-Journal and a Talk About Literature in Kansas (TALK) • Questions you would like to ask an attorney or judge. discussion leader for Humanities Kansas. We look forward to hearing from you. He can be reached at [email protected] Law Wise Visit to see archived www.ksbar.org/lawwise FAQs issues, frequently asked questions, and to receive We have a list of FAQs available six issues a year via email. at http://www.ksbar.org/LWFAQ.

The Kansas Bar Foundation, with Interest on Lawyers’ Trust Accounts (IOLTA) funding, provides support for this publication. Law Wise provides general information about law-related matters of interest to teachers, students, and the public in Kansas, but does not provide any legal advice, so readers should consult their own lawyers for legal advice. For further information about any projects or articles, contact Anne Woods, public services director, (785) 234-5696. Law Wise is published by the Kansas Bar Association, 1200 SW Harrison St., Topeka, KS 66612-1806, during the school year.

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TERRIFIC TECHNOLOGY FOR TEACHERS

An Overview of the 26th Amendment https://constitution.laws.com/26th-amendment From constitution.laws.com, this site has a wealth of information on the legislation itself, the Supreme Court cases associated with this Amendment as well as information regarding the ratification of the 26th Amendment by the states.

The Movement to Lower the Voting Age: A History https://www.youthrights.org/issues/voting-age/history-of-the-movement/ Excellent resource and timeline regarding attempts by various state and municipalities to lower the voting age further from 14 to 17.

Pre-registration for Young Voters http://www.ncsl.org/research/elections-and-campaigns/preregistration-for-young-voters.aspx A website devoted to explaining the process for preregistering voters who are not yet of voting age produced by the National Conference of State Legislatures.

Primary Voting at Age 17 https://www.fairvote.org/primary_voting_at_age_17 Part of the Fair Vote website devoted to the proposition of lowering the federal voting age to 17. This site provides good back- ground information and a U.S. map showing where 17 years old are allowed to caucus and vote in primary elections.

Should 16-Year Olds Be Allowed to Vote? https://www.pbs.org/newshour/politics/should-16-year-olds-be-allowed-to-vote This website, produced by PBS NewsHour, has excellent information not only on legislative efforts to lower the voting age, but also how a lower voting age could impact the 2020 election.

Should 16-Year Olds Have the Right to Vote? Pros and Cons https://www.headcount.org/should-16-year-olds-have-the-right-to-vote-pros-and-cons/?gclid=Cj0KCQjwhdTqBRDNARIsAB sOl981QIBRUgOsPecTEm-Lq-cii4CTjF2RT_6tE3aQrLbiJVTpjR17uQgaAlmfEALw_wcB A short, but informative site organized by HeadCount that provides both sides of the issue of lowering the voting age to 16.

Young Voters at the Ballot Box https://generationcitizen.org/wp-content/uploads/2016/03/GC-Voting-Age-Paper-2015-12-07-11.pdf An extensive White Paper from the organization Generation Citizen.

The Voting Age https://library.cqpress.com/cqresearcher/document.php?id=cqresrre1944090900 A website by CQ Researcher with a variety of reports on the history of the voting age not only in the United States, but in Eu- rope as well. Includes public opinion data and contextual information on some of the forces that lead to the 26th Amendment.

The 26th Amendment https://www.history.com/topics/united-states-constitution/the-26th-amendment An excellent site from History.com. It tells the story of the thirty-year struggle to lower the federal voting age to 18 from World War II to the Vietnam Conflict.

The 26th Amendment https://www.annenbergclassroom.org/26th-amendment/ From the Annenberg Classroom website, this is part of their Annenberg Guide to the United States Constitution. It includes the text and some brief overview of the legislative efforts to extend the franchise to eighteen-year-olds.

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